# The Charities Restricted Funds Reorganisation (Scotland) Regulations 2012, Regulation 4: Application by a charity to reorganise restricted funds


An application by a charity for approval to reorganise restricted funds under section 43A of the 2005 Act must include—
(a) either—
(i) a copy of the document which imposes the conditions as to the restricted fund’s use; or
(ii) if such a document cannot be produced, a statement setting out the specific purpose for which the restricted funds were given to the charity and the restrictions which have been imposed as to the use of the restricted funds;
(b) details of the proposed restricted funds reorganisation scheme;
(c) a statement setting out the reasons why the charity considers any of the conditions specified in section 43A(2) of the 2005 Act to be satisfied;
(d) a statement setting out why the charity considers that the proposed reorganisation will enable the resources of the restricted funds to be applied to better effect for charitable purposes consistently with the charity’s constitution;
(e) a statement that the charity has been unable to ascertain the wishes of the donor, including a description of the action that the charity has taken in attempting to ascertain the wishes of the donor;
(f) a statement which shows, at the date the application is made, the balance of the restricted funds’ assets and, for the preceding financial year, the incoming resources and resources expended; and
(g) if regulation 6 applies, a draft of the notice to be published in a newspaper or periodical.

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Source: https://www.legislation.gov.uk/ssi/2012/219/regulation/4 (the official version)
Page: https://openlegislation.uk/charities-restricted-funds-reorganisation-scotland-regulations-2012/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.